Activist: White House nixed nondiscrimination order over lawsuit fears

4/12/12 11:21 AM EDT

President Obama's refusal to sign an executive order banning discrimination on the basis of sexual orientation or gender identity was based partly on the fear of getting tied up in litigation, according to one activist who attended a Wednesday meeting with administration officials.

Tico Almeida, founder and director of Freedom to Work, told POLITICO that the White House made "excuses" for not issuing the order in a closed-door meeting with activists — pointing to the possibility of being entangled in lawsuits over the order.

According to Almeida, the White House said they were concerned that an executive order would come under legal assault. Almeida said he noted that a similar executive order signed by President Lyndon Johnson banning discrimination on the basis of race, color, religion, sex and national origin also came under legal assault -- and all the cases were rejected summarily.

"They were grasping for reasons," said Almeida, who helped draft a similar bill called Employment Non-Discrimination Act when he worked as a staff attorney in Congress.

"Each and every one of those challenges was defeated and totally rejected by the federal courts," Almeida said about Johnson's executive order. He said he asked the White House counsel representative at the meeting to point to a single case that might show that the order was on shaky legal ground — and she could not.

"They acknowledge that the administration has been working on this order for years, And that the Department of Labor and the Justice Department had been working on this for a long time," said Almeida. "They gave praise to the LGBT groups ... Then then started making excuses for delay."

"This is by no means the end," said Almeida.

According to Almeida, the White House meeting was attended by senior advisor Valerie Jarrett, Domestic Policy Council director Celicia Muñoz, Office of Personnel Management director John Berry and a representative from the White House Counsel's office.

"That is not accurate. The President is committed to lasting and comprehensive nondiscrimination protections and we plan to pursue a number of strategies to attain that goal. Our hope is these efforts will result in the passage of ENDA, which is a legislative solution to LGBT employment discrimination," a senior administration official said.